Shree Chandrashekhar, J - (1.) The petitioner-husband is aggrieved of the judgment dated 27.06.2018 passed in Cr. Appeal No.11 of 2018. He has been convicted for the offence punishable under section 498A IPC and sentenced to undergo imprisonment for 2 years with fine of Rs.1,000/- in P.C.R. Case No.216 of 2011 which was converted into T.R.No.5 of 2018. His challenge to the judgment of conviction and order of sentence both dated 23.01.2018 has failed as Cr. Appeal No.11 of 2018 has been dismissed.
(2.) During pendency of this revision petition, the petitioner was released on bail by an order dated 09.08.2018.
(3.) Order dated 21.01.2019 records that the parties have now arrived at a settlement and they have decided to withdraw cases filed by them against each other. The order dated 21.01.2019 records as under: "The petitioner seeks quashing of the judgment dated 27.06.2018 passed in Criminal Appeal No. 11 of 2018 by which judgment of conviction and order of sentence both dated 23.01.2018 in P.C.R Case No. 216 of 2011 corresponding to T.R No. 05 of 2018 have been affirmed. The petitioner has been convicted for offence under section 498A IPC and he has been sentenced to undergo two years' imprisonment and fine of Rs.1000/-. On the basis of a complaint petition filed by O.P No. 2 cognizance for the offence under section 498A IPC was taken. During the trial four witnesses were examined on behalf of the complainant. By judgment dated 23.01.2018 the petitioner has been convicted for the aforesaid offence. The trial Judge in his order of conviction has recorded that after the compromise the accused took O.P No.2 with himself for joining her in her matrimonial home, however, on the way he left her and, therefore, it appears that "he has demanded dowry of Rs. 30,000/-". On such evidence the petitioner was convicted and the appeal preferred by him vide Criminal Appeal No. 11 of 2018 has been dismissed. The learned counsel for the petitioner submits that on mere probability, more particularly, in absence of a statutory presumption, an accused cannot be convicted for an offence in such fashion. The learned counsel for the petitioner submits that in terms of the compromise between the parties the petitioner has already paid Rs.3,50,000/- to O.P. No.2 and she has agreed to withdraw all the cases. O.P No. 2 is represented through Miss Aanya, the learned counsel. Through I.A No. 10594 of 2018 the petitioner has brought on record a copy of the compromise petition dated 18.09.2018 which was filed in the court below. Let an affidavit be filed by O.P No. 2 on the aforesaid issue. Post the matter on 14.02.2019. ";